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Health Insurance Spouse working on L2 EAD

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  • Health Insurance Spouse working on L2 EAD

    Hello All,

    Greetings!!!
    My spouse is on L1 B visa and I am on L2 with EAD. As of now, I am covered under health insurance coverage from my spouse's employer. On Jan 5,2015, i got a new job in US and my current employer is also providing health insurance benefits. It would be really helpful if you can help me with the below questions:

    1. Is it mandatory to enroll for the health plan that my employer is providing, even if i am covered under my spouse's health plan? I believe if I am enrolled in both the places, my spouse has to pay extra surcharge to his company.
    2. Is there any tax penalty if I am not enrolling myself in my current employer's health insurance benefit?
    3. Since currently I am on job, can my spouse declare me as his dependent?
    4. Someone told me that according to obama care policy, it is mandatory to be enrolled for health insurance provided by my new employer. Any thoughts on this?


    Regards,
    Sanchari

  • #2
    Health Insurance

    The current law is that you have health insurance. The law doesn't care whether you get that insurance from you spouse job or your job. If it works better for you to stay with your spouse instead of going on your insurance then that's fine. You can drop the insurance you have with your spouse and go with your insurance but it doesn't matter. So, there would be no tax penalty for not taking your company insurance SINCE you do have insurance under your spouse. I think I have covered all your questions with this one answer except for your dependent question... are you asking about being a dependent under your spouse for tax purposes? If so, when you file taxes you are never listed as a dependent under your spouse regardless of job. Instead, your husband is listed as primary then you are listed as spouse, regardless of your employment status, then any children are listed as actual dependents.
    This is my opinion not legal advice.

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    • #3
      Spouse Insurance Questions

      Some answers - although always check with a professional:


      1. Is it mandatory to enroll for the health plan that my employer is providing, even if i am covered under my spouse's health plan? I believe if I am enrolled in both the places, my spouse has to pay extra surcharge to his company.
      A) Your US employer may be happy to know you do not need to be covered under their plan and could possibly offer you additional salary if you do not sign up for their insurance.

      2. Is there any tax penalty if I am not enrolling myself in my current employer's health insurance benefit?
      A) Again, ask a tax professional but I don't think there would be any tax implications as an expat in the US. If you stay in the US for an extended amount of time, tax issues may arise.

      3. Since currently I am on job, can my spouse declare me as his dependent?
      A) I would assume it depends on the rules of the country where you are filing taxes.

      4. Someone told me that according to obama care policy, it is mandatory to be enrolled for health insurance provided by my new employer. Any thoughts on this?
      A) Generally, only US citizens or permanent residents are required to enroll, with some exceptions.
      Last edited by samlynn; 11-11-2015, 04:27 PM.

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